APOLLO COLLEGE OF VETERINARY MEDICINE Vs RAJASTHAN STATE VETERINARY COUNCIL
Bench: CHIEF JUSTICE,SUDHANSU JYOTI MUKHOPADHAYA
Case number: C.A. No.-006842-006842 / 2014
Diary number: 39728 / 2011
Advocates: VIKAS MEHTA Vs
D. S. MAHRA
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 6842 OF 2014 (arising out of SLP(C) No.35057 of 2011)
Apollo College of Veterinary Medicine … APPELLANT
VERSUS
Rajasthan State Veterinary Council & Ors. … RESPONDENTS
With
C.A.No.6851/2014 (@ SLP(C) No.9216/2012) C.A.No.6852/2014 (@ SLP(C) No.9217/2012) C.A.No.6850/2014 (@ SLP(C) No.5301/2012) C.A.No.6853/2014 (@ SLP(C) No.9766/2012) C.A.No.6854/2014 (@ SLP(C) No.13493/2012) C.A.No.6857/2014 (@ SLP(C) No.23247/2012) C.A.Nos.6844-6845/2014 (@ SLP(C) Nos.142-143/2012) C.A.Nos._6846-6849/2014 (@ SLP(C) Nos.1900-1903/2012) C.A.No.6855/2014 (@ SLP(C) No.20779/2012) C.A.No.6856/2014 (@ SLP(C) No.22303/2012)
J U D G M E N T
SUDHANSU JYOTI MUKHOPADHAYA,J.
Leave granted.
2. As all these appeals involve the same issue relating to the
recognition of Veterinary College(s) under Veterinary Council of
India Act, 1984; they were heard together and are disposed of by
this common judgment.
3. Apollo College of Veterinary Medicine, Jaipur (for short
“Apollo College”) and Mahatama Gandhi College, Bharatpur (for
short “Mahatama Gandhi College”) are two private colleges in
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Rajasthan offering the course of Bachelor of Veterinary Science
and Animal Husbandry (hereinafter referred to as “B.V.Sc. &
A.H”). A number of students of the said colleges have passed the
B.V.Sc. & A.H examination conducted by the Rajasthan Agricultural
University (now known as Swami Keshwanand Rajasthan Agricultural
University, Bikaner), recognized by Veterinary Council of India
and Central Government. Students who have passed such examination
from the aforesaid two Colleges have enrolled with Rajasthan
State Veterinary Council are now practicing Doctors in State and
private sectors. There are also number of students who are
pursuing their studies in the said colleges.
4. The aforesaid two Colleges were permitted to be opened by
the State of Rajasthan subject to the grant of affiliation
recognition by the Veterinary Council of India. The B.V.Sc. & A.H
courses offered by the said colleges were affiliated to Rajasthan
Agricultural University (hereinafter referred to as the,
“Agricultural University). After a number of inspections made
from time to time, the Veterinary Council of India recommended
the Central Government to recognize the aforesaid two Colleges
and the degrees granted to the students who have passed out from
those Colleges. Later, by an order dated 20th February, 2010,
Government of India intimated that “it has not been found
possible to grant recognition to the degrees awarded by the
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Apollo College of Veterinary Medicine, Jaipur.” The Veterinary
Council of India by letter dated 22nd February, 2010 intimated
the Registrar about the decision of Central Government. The
Rajasthan State Veterinary Council was also asked to delete the
names of the Doctors from their Register. The aforesaid orders
refusing to grant recognition to the Apollo College and degrees
granted to the students passed out from the said College were
challenged by a number of alumni of the said College who are
practicing Doctors who passed out from the said College and also
by the students pursuing their studies in Apollo College.
5. Similar orders were made refusing to recognize the Mahatma
Gandhi College as well. The students of the said College
including the alumni moved before the High Court for direction to
the Union of India to issue appropriate notification thereby
including the name of the Mahatama Gandhi College in the First
Schedule of the Veterinary Council of India Act. During the
pendency of the writ petition the Veterinary Council of India by
letter dated 8th December, 2011, inter alia, decided not to
consider B.V.Sc. & A.H. course in respect of Mahatama Gandhi
college for recognition and intimated the same to the concerned
authorities. The said letter was also challenged before the High
Court in the pending writ petition.
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6. The writ petitions filed by the alumni and the students of
the Apollo College were heard together and the Division Bench of
the Rajasthan High Court, Jaipur Bench, Jaipur by a common
judgment dated 17th November, 2011 dismissed the writ petitions
and upheld the orders, letters and notifications issued by the
Veterinary Council of India/Union of India refusing to grant
recognition to the Apollo College and the degrees granted to the
students passed out from said College. Following the aforesaid
decision, learned Single Judge of the Rajathan High Court, Jaipur
Bench, Jaipur by the judgment dated 23rd December, 2011 dismissed
the writ petition preferred by the students who have passed out
from the Mahatama Gandhi College.
7. Before deciding the aforesaid question, it is necessary to
notice in detail the relevant factual matrix of the case
concerning the Apollo College and the Mahatama Gandhi College:
8. Apollo College
The Government of Rajasthan on 10th August, 1998, granted No
Objection Certificate (NOC) to the Apollo College of Veterinary
Medicine to offer a course in Bachelor of Veterinary Science and
Animal Husbandry (B.V. Sc. & A.H. Course) with a capacity of 50
seats subject to grant of permission by the Union of
India/Veterinary Council of India; Rajasthan Agricultural
University granted affiliation to the Apollo College on 6th
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November, 2000 for teaching 1st year B.V. Sc. & A.H. Course and
later the affiliation was extended for a period of two years for
the subsequent academic years.
9. The Inspection Committee of Veterinary Council of India
inspected the Apollo College from time to time. By inspection
report, 2003, the Committee reported that the facilities at the
College and staff seems to be adequate except for certain
deficiency of building, as the College was opened in a rented
building. The Central Government by letter dated 26th September,
2003 informed the Agricultural University to request the Apollo
College to fulfill the minimum requirements. On 13th August,
2004, Veterinary Council of India informed the Agricultural
University that as per record available with the Council, the
Apollo College was not a constituent college of Agricultural
University for the purpose of awarding recognized veterinary
qualifications. The Veterinary Council of India by its letter
dated 2nd February, 2005, informed the Government of Rajasthan
and the Agricultural University to stop admissions in the Apollo
College as it has not been included in the First Schedule of
Indian Veterinary Council Act for the purpose of such
recognition. Public notices were also issued by Veterinary
Council of India on 12th May, 2005 and 20th May, 2005 in Jaipur
editions of the Indian Express and Rajasthan Patrika informing
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that the BV Sc & AH qualification of the students of the Apollo
College was not a recognized Veterinary qualification.
10. Thereafter, on 21st November, 2005, Veterinary Council of
India granted no objection to admit students in the Apollo
College subject to extension of affiliation granted by the
Agricultural University. Pursuant to NOC granted by Veterinary
Council of India, the Agricultural University by letter dated
26th November, 2005 granted permission to Apollo College to admit
students.
11. According to the appellants, they competed in the Rajasthan
pre-medical/Rajasthan pre-Veterinary (RPM/RPV) open entrance test
and were allotted to the Apollo College B.V.Sc. & A.H. Course.
Apollo College was subsequently inspected by Veterinary Council
of India Inspectors on 22nd-24th January, 2007 who submitted
report stating that the Apollo College was following Veterinary
Council of India norms regarding infrastructure etc. and that
there was a need to strengthen manpower and equipments as well as
TVCC, livestock farm and experimental animal facilities. However,
a public notice was issued by Veterinary Council of India on 10th
April, 2007 informing the public in general that the Apollo
College has published misleading and incorrect information that
the College has been granted recognition by the Veterinary
Council of India and, therefore, public in general was informed
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that the matter of recognition of the qualification in respect of
the College shall be considered by the Veterinary Council of
India in due course only on fulfillment of requirement and the
Council does not recognize B.V.Sc. & A.H. qualification of the
said College.
12. Another team of Veterinary Council of India inspect the
Apollo College on 22nd -23rd November, 2007 and reported that in
view of the deficiencies mentioned therein, the qualification of
the University in respect of the College should not be considered
for recognition at that point of time. However, when
representatives of Agricultural University and the Veterinary
Council of India held meeting, by its proceedings dated 2nd
February, 2008, they recorded that the University was convinced
that the minimum academic/attendance requirements as per
Veterinary Council of India Regulations have been met in respect
of the 1st batch of students of the Apollo College and
thereafter, Veterinary Council of India granted provisional
recognition of B.V.Sc.& A.H. degree on 10th March, 2008 in
respect of 1st batch of students of the Apollo College who
completed the 5 year course. On 27th February, 2009, the
Veterinary Council of India informed the Agricultural University
that it has requested the Central Government to take necessary
action to recognize the qualification of the 2nd batch of
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students of Apollo College admitted in the year 2004. It was
followed by a letter dated 24th July, 2009 whereby Veterinary
Council of India intimated the Agricultural University that the
Veterinary Council of India has decided to recommend to the Union
of India for recognition of qualification of students admitted in
the month of December, 2004 i.e. 3rd batch of students. On 24th
July, 2009, Veterinary Council of India also informed the
Agricultural University that the Apollo College could admit
students for the Academic Session 2009-2010. In the meantime, the
Agricultural University by its letter dated 3rd September, 2009
granted affiliation to the Apollo College for the Sessions 2007-
2008 and 2008-2009.Subsequently, the Expert Committee appointed
by Veterinary Council of India (Balaraman Committee) recommended
on 16th November, 2009 that 55 faculty members are sufficient in
B.V. Sc. & A.H. Course. On 20th February, 2010 the Central
Government through Ministry of Animal Husbandry, Dairying &
Fisheries by the impugned order refused to grant recognition to
degrees awarded by the Apollo College.
13. The Veterinary Council of India in its turn referring to the
order dated 20th February, 2010 issued by the Central Government
directed the Registrar, Rajasthan Agricultural University by
order dated 22nd February, 2010 not to admit students in the B.V.
Sc. & A.H. degree course in the Apollo College henceforth.
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Thereafter the Central Government vide letter dated 22nd March,
2010 issued amendment to their earlier order as below.
No. For Read 1. It has not been found
possible to grant recognition to the degree awarded by the Apollo College of Veterinary Medicine, Jaipur.
It has not been found possible to grant recognition to the degree awarded to the students passing out from the Apollo College of Veterinary Medicine, Jaipur.
14. The aforesaid amendment was brought to the notice of the
Registrar, Swami Keshwanand Rajasthan Agricultural University,
Bikaner by Veterinary Council of India by letter dated 20th
April, 2010. It was followed by notification issued by the
Central Government on 29th April, 2010 whereby in exercise of the
powers conferred by sub-section (2) of Section 15 of the Indian
Veterinary Council Act, 1984, the Central Government amended the
First Schedule of the said Act in the following manner:
“In the First Schedule to the said Act, under sub- heading “Degrees”,-
(i)against serial number 33, relating to Rajasthan Agricultural University, in column 3, under the letters “B.V. Sc. & A.H.”, the following words, figures and letters shall be added, namely:-
“This qualification shall be a recognized veterinary qualification as aforesaid only when granted on or before 10.9.2009.”
(ii)after serial number 73 and the entries relating thereto, the following serial number and entries shall be added, namely:-
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1 2 3 74.Swami Keshwanand Rajasthan Agricultura l University, Bikaner in respect of College of Veterinary and Animal Science, Bikaner
Bachelor of Veterinar y Science and Animal Husbandry .
B.V.Sc.& A.H. (This qualificatio n shall be a recognized veterinary qualificatio n as aforesaid only when granted on or after 11.9.2009.
The developments as taken place after issuance of impugned orders and notifications:
15. On 13th May, 2010 the Rajasthan University of Veterinary and
Animal Sciences came into existence by carving out the units of
Veterinary and Animal Sciences sector from the Swami Keshwanand
Rajasthan Agricultural University, Bikaner and Maharana Pratap
University of Agriculture & Technology, Udaipur. Registrar,
Rajasthan University of Veterinary and Animal Sciences, Bikaner
by letter dated 19th August, 2010 referring to the admissions of
students in Apollo College intimated the Secretary, Ministry of
Animal Husbandry, Dairying & Fisheries, Government of India, New
Delhi that the University conducted the physical inspection of
the Apollo College on 27th July, 2010 and on the basis of
inspection, the University has granted the affiliation for the
year 2010-2011 and post facto affiliation for the session 2009-
2010. It was further intimated that the report of inspection team
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has revealed that the facilities at Apollo College are adequate
as per the Veterinary Council of India norms for training of
students and requested the authorities to review the earlier
order dated 20th February, 2010 and to include the appellant in
the Schedule-1 of the Indian Veterinary Council Act, 1984.
16. A team under the leadership of Mr. N.K. Bhattacharya of
Veterinary Council of India re-inspected the Apollo College
between 22nd November, 2010 and 24th November, 2010. The
Bhattacharya Committee by its Report intimated that overall
facilities in all disciplines were found satisfactory, for
theoretical and practical teachings of the B.V.Sc. & A.H. degree
course and were adequate to maintain minimum standards for
imparting the said course as per the VCI Regulations, 2008.
17. By letter dated 31st January, 2011 the Central Government
informed the Rajasthan University of Veterinary and Animal
Sciences that the Apollo College had been inspected by Veterinary
Council of India team during 22nd to 24th November, 2010 and the
recommendation from Veterinary Council of India was awaited. The
Veterinary Council of India was requested by the Central
Government on 24th March, 2011 to send its recommendation in the
light inspection carried out between 22nd and 24th November, 2010.
The Veterinary Council of India by letter dated 29th March, 2011
intimated the Rajasthan State Veterinary Council that it had
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recommended the Central Government for recognition of degrees
awarded by the State University to students of Apollo College but
the notification was not yet issued by the Central Government. On
30th March, 2011 Executive Committee of the Veterinary Council of
India decided to recommend the Apollo College to the Central
Government for recognition of qualifications of first three
batches admitted upto the academic year 2009. The Central
Government by letter dated 6th July, 2011 requested the
Veterinary Council of India to review the case of recognition of
the Apollo College in the light of deficiencies pointed out by
the Inspection team. The Executive Committee of Veterinary
Council of India considered the proposal for recognition of the
qualification in respect of the Apollo College by letter dated
11th July, 2011 and recommended the Central Government for
recognition of the qualification.
18. MAHATAMA GANDHI COLLEGE
On 24th May, 2005, the Government of Rajasthan, Animal
Husbandry Department had granted NOC to Smt. Urmila Devi Mangaiya
Paropkari Trust, to open the Veterinary College. On 28.06.2005,
Rajasthan Agricultural University, Bikaner conditionally
affiliated the College and allowed to open admission on receipt
of permission from the VCI/Government of India. The Veterinary
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Council of India issued NOC to open Veterinary College on 9th
November, 2005.
19. On 26th November, 2005, Rajasthan Agricultural University,
Bikaner issued notification to allow admission to the College. In
the meantime, affiliation was extended by University from time to
time. The State Veterinary Council informed Government of India
on 12th October, 2010 about recognition of BV Sc & AH
qualification imparted by Mahatma Gandhi Veterinary College,
Bharatpur affiliated to Rajasthan University of Veterinary and
Animal Sciences, Bikaner as per Section 15 (2) of the Veterinary
Council of India Act.
20. A reminder was issued on 26th October, 2010 to the
Government of India. On 4th February, 2011, the Secretary,
Veterinary Council of India recommended for recognition of BV Sc
& AH Course offered by Mahatma Gandhi Veterinary College,
Bharatpur and it was informed that Veterinary Council of India
recognized the College. The Secretary, Veterinary Council of
India on 29th March, 2011 informed the Registrar, Rajasthan State
Veterinary Council that though the Council had recommended the
Central Government for recognition of the qualification in
respect of Mahatma Gandhi Veterinary College, Bharatpur, and the
notification including the qualifications in respect of two
Colleges i.e. Apollo College of Veterinary Medicine, Jaipur and
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Mahatma Gandhi Veterinary College, Bharatpur in the First
Schedule was yet to be issued by the Central Government.
21. In April, 2011 the Rajasthan Government put the proposal in
the Legislative Assembly to notify the name of Mahatma Gandhi
Veterinary College, Bharatpur as recognized College. On 28th
April, 2011 the Secretary, Veterinary informed the Secretary,
Department of Animal Husbandry, Dairying & Fisheries that Mahatma
Gandhi Veterinary Council, Bharatpur has fulfilled the remaining
deficiencies. Writ Petition No.4690/2011 was filed by some of the
appellants before the Rajasthan High Court for direction to the
respondents to issue permanent registration certificate and allow
them to participate in the selection process for appointment on
the post of Veterinary Officer in pursuance of the advertisement
issued by the Rajasthan Public Service Commission. On 30th May,
2011 an interim order was passed by the High Court allowing them
to appear in the written test for appointment in the State.
22. On 8th December, 2011, the Veterinary Council of India
issued letter deciding not to recommend B.V.Sc. & A.H. Course
offered by of Mahatma Gandhi Veterinary College, Bharatpur for
recognition as the College does not fulfill the minimum standard
of Veterinary degree course. The High Court dismissed the Writ
Petition No.4690 of 2011 23rd December, 2011 referring to the
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judgment of Division Bench dated 17th November, 2011 in the case
of Apollo College.
23. The questions involved in these appeals are as follows:
(i) Whether it is mandatory for a ‘Veterinary college’
imparting teaching of B.V.Sc. & A.H. Course to get
recognized by the Central Government under First
Schedule to the Indian Veterinary Council Act, 1984;
and
(ii) What should be a possible legal solution in the case
of students who have already passed out from the
colleges in not clear question.
24. Learned counsel for the appellants challenged the orders and
notifications issued by Veterinary Council of India and Central
Government as also the impugned judgment on following grounds:
(i) The Central Government has no role to play in
recognition of any Veterinary College or
Institution in the State.
(ii) Section 21 (4) of the Indian Veterinary Council
Act, 1984 does not talk of de-recognition of
medical degree or recognition of medical degree
qua a College. Once degree granted by a University
is recognized, there is no question of recognition
of College.
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(iii)The Control of Central Government or Council is
not same in all system. For example, the control
of Medical Council of India on Medical Colleges
is different from the control of Veterinary
Council of India on Veterinary Colleges.
25. On the other hand, according to learned Solicitor General of
India, Section 21 (4) of the Indian Veterinary Council Act, 1984
empowers the Central Government to recognize or de-recognize a
degree awarded by a College. It is mandatory for a College
imparting teaching of B.V.SC. & A.H. course to get
recognized by the Central Government under First Schedule to the
Indian Veterinary Council Act, 1984 the students passing out from
such Colleges will not be allowed to register themselves with the
State Veterinary Council.
26. For determination of the core issue involved in these
appeals, it is desirable to refer the relevant provisions of the
Indian Veterinary Council Act, 1984, rules and regulations framed
there under and connected relevant facts:
27. The said Act was enacted with the object to control and
regulate veterinary practice and to provide for the establishment
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of a Veterinary Council of India and State Veterinary Councils
and for the maintenance of registers of veterinary practitioners.
RECOGNIZED VETERINARY QUALIFICATION & INSTITUTIONS
28. Section 2(e) defines “recognized veterinary qualification”
as follows:
“recognized veterinary qualifications” means any of the veterinary qualifications included in the First Schedule or the Second Schedule”
29. Whereas Section 2(j) defines “Veterinary Institutions” which
reads as follows:
“veterinary institution” means any University or
other institution within or without India which grants
degrees, diplomas or licences in veterinary science and
animal husbandry”
30. Rajasthan University of Veterinary and Animal Sciences,
Bikaner grants degrees in veterinary science and animal husbandry
and come within the meaning of Section 2(j)- “Veterinary
Institutions”.
31. The Apollo College and Mahatma Gandhi College imparts
teaching in veterinary science and animal husbandry. These two
colleges do not grant any degree and, thereby, the Colleges
aforesaid do not come within the meaning of Section 2(j)-
“Veterinary Institutions”.
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32. Section 15 of the Act deals with recognition of “veterinary
qualifications” granted by veterinary institutions (Universities)
in India which is quoted hereunder.
“15. Recognition of veterinary qualifications granted by
veterinary institutions in India.-(1) The veterinary
qualifications granted by any veterinary institution in
India which are included in the First Schedule shall be
recognised veterinary qualifications for the purposes of
this Act.
(2) Any veterinary institution in India which grants a veterinary qualification not included in the First Schedule may apply to the Central Government to have such qualification recognised and the Central Government, after consulting the Council, may, by notification in the Official Gazette, amend the First Schedule so as to include such qualification therein and any such notification may also direct that an entry shall be made in the last column of the First Schedule against such veterinary qualification declaring that it shall be a recognised veterinary qualification only when granted after a specified date.”
The aforesaid provision makes it clear that on and from the
date of enactment of the Act, the veterinary qualifications
granted by the Veterinary Institutions (Universities) in India
included in the First Schedule are only the recognized veterinary
qualifications for the purpose of the Act. For inclusion of any
other veterinary qualification, Veterinary Institution
(University) in India is required to apply to the Central
Government to have such qualification recognized under sub
Section (2) of Section 15 of the Act. In such case in
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consultation with the Veterinary Council of India, the Central
Government may by notification in the Official Gazette amend the
First Schedule so as to include such qualification therein.
33. A conjoint reading of Section 2(e), 2(j) and Section 15
makes it clear that recognition of veterinary qualifications is
mandatory, in case of degrees, diplomas or licences in B.V.Sc. &
A.H. is granted by Veterinary Institution (University) in India,
whether by itself directly or through a recognized Veterinary
College.
34. “Veterinary Collage” and “Recognized Veterinary College”
“Veterinary College” is defined in Section 2(n) of “The
Veterinary Council of India-Minimum Standards of Veterinary
Education-Degree Course (B.V.Sc. & A.H.) Regulations, 2008”
(hereinafter referred to as Regulations 2008) and it reads as
follows:
“(n) “Veterinary College” means an institution imparting veterinary education for the award of B.V.Sc. & A.H. degree having the required number of departments/units, infrastructure, manpower and other facilities as laid down in these Regulations under the overall administrative control of the Dean/Principal.”
Section 2(c) of “The Veterinary Council of India (Registration)
Regulations, 1992” (hereinafter referred to as Regulations, 1992)
defines “recognized veterinary college” and it reads as follows:
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“Recognized Veterinary College” means a Veterinary College affiliated to a University and recognized by Veterinary Council of India.”
Thus, only those colleges imparting veterinary education for
the award of B.V.Sc. & A.H. degree having the required number of
departments/units, infrastructure, manpower and other facilities
as per Regulation, 2008 affiliated to a Veterinary Institution
(University) and recognized by Veterinary Council of India are
said to be recognized Veterinary College. .
35. INSPECTION OF UNIVERSITY, COLLEGE/INSTITUTION
Section 19 of the Act reads as follows:
“19. Inspection of veterinary institutions and examinations.-(1) A Committee constituted under Section 12 may, subject to regulations, if any, made by the Council, appoint such number of veterinary inspectors as it may deem requisite to inspect any veterinary institution or any college or other institution where veterinary education is given or to attend any examination held by any veterinary institution for the purpose of recommending to the Central Government recognition of veterinary qualification granted by that veterinary institution.
(2) The veterinary inspectors shall not interfere with the conduct of any training or examination, but shall report to the Committee on the adequacy of the standards of veterinary education including staff, equipment, accommodation, training and other facilities prescribed by regulations for giving veterinary education or on the sufficiency of every examination which they attend.
(3) The Committee shall forward a copy of any such report to the veterinary institution concerned and shall
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also forward a copy with remarks, if any, of the said institution thereon, to the Central Government.”
From sub Section (1) of Section 19 of the Act, it is clear
that a Committee constituted by the Council under Section 12 can
appoint veterinary inspectors to inspect not only veterinary
institution (University) but also college and other institutions
where veterinary education is imparted for the purpose of
recommending to the Central Government recognition of veterinary
qualification granted by that Veterinary Institution
(University). Therefore, the College and Institution through
which B.V.Sc & A.H. degree is imparted also come under the
purview of the Act for the purpose of recognition of veterinary
qualification granted by the Veterinary Institution (University).
36. Section 21 of the Act reads as follows:
“21. Withdrawal of recognition.- (1) When upon report by the Committee or the visitor, it appears to the Council—
(a) that the courses of study and examinations to be undergone in, or the proficiency required from candidates at any examination held by, any veterinary institution, are not in conformity with the regulations made under this Act or fall short of the standards required thereby, or
(b) that the staff, equipment, accommodation, training and other facilities for instruction and training provided in such veterinary institution or in any college or other institution affiliated to it do not conform to the standards prescribed by the Council. the Council
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shall make a representation to that effect to the Central Government.
(2) After considering such representation, the Central Government may send it to the State Government of the State in which the veterinary institution is situated and the State Government shall forward it along with such remarks as it may choose to make to the veterinary institution, with an intimation of the period within which that institution may submit its explanation to the State Government.
(3) On receipt of the explanation or, where no explanation is submitted within the period fixed, then on the expiry of that period, the State Government shall make its recommendation to the Central Government.
(4) The Central Government, after making such inquiry, if any, as it may deem fit, may, by notification in the Official Gazette, direct that an entry shall be made in the appropriate Schedule against the said veterinary qualification declaring that it shall be a recognised veterinary qualification only when granted before a specified date or that the said veterinary qualification if granted to students of a specified college or institution affiliated to any veterinary institution shall be a recognised veterinary qualification only when granted before a specified date or, as the case may be, that the said veterinary qualification shall be a recognised veterinary qualification in relation to a specified college or institution affiliated to any veterinary institution only when granted after a specified date:
Provided that before issuing such notification the Central Government may consult the Indian Council of Agricultural Research. “
37. As per the said section, the recognition can be withdrawn
under the following circumstances:
(i) If the courses of study, examinations to be undergone
in or the proficiency required from candidates at any
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examination held by any veterinary institution are not
in conformity with the regulations made under the Act
or fall short of the standards required thereunder; and
or
(ii) If the staff, equipment, accommodation, training and
other facilities for instruction and training provided
in such veterinary institution or in any college or
other institution affiliated to it do not conform to
the standards prescribed by the Council.
In aforesaid circumstances, the Veterinary Council may make
representation to that effect to the Central Government and after
following procedure prescribed under Section 21, including
inquiry, the Central Government is empowered under sub Section
(4) of Section 21 to issue a notification in the official gazette
directing that an entry shall be made in the appropriate Schedule
against the said veterinary qualification declaring that it shall
be a recognized veterinary qualification only when granted before
a specified date or that the said veterinary qualification if
granted to students of a specified college or institution
affiliated to any veterinary institution shall be a recognized
veterinary qualification only when granted before a specified
date or, as the case may be, that the said veterinary
qualification shall be a recognized veterinary qualification in
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relation to a specified college or institution affiliated to any
veterinary institution only when granted after a specified date.
38. Though the heading of Section 21 shows “withdrawal of
recognition” and one may say that it is not specified that the
College or Institution affiliated to veterinary institution is
required to be recognized by the Central Government, but Section
15 read with sub Section (4) of Section 21 empowers the Central
Government to make an entry in the appropriate Schedule (First
Schedule) declaring that veterinary qualification granted to
students of a specified College or Institution affiliated to any
Veterinary Institution (University) shall be a recognized
veterinary qualification only when granted before a specified
date or that the said veterinary qualification shall be
recognized veterinary qualification in relation to the said
College or Institution affiliated to the University only when
granted after a specified date.
39. Section 21 has to be given its fullest meaning irrespective
of its marginal note (heading) “withdrawal of recognition”. On a
meaningful reading of the Statement of object and preamble of the
Veterinary Council Act together with Sections 2(e), 2(j),
Sections 15,19 and 21 and on a purposive construction of
Regulation 2(n) of the Regulation 2008 read with Regulation 2(c)
of the Regulations, 1992, it is clear that only “Veterinary
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College” imparting teaching in veterinary science and animal
husbandry through which a degree is conferred by a University and
is recognized by the Veterinary Council of India and shown in the
First Schedule is eligible to impart teaching of B.V.Sc.& A.H.
Course.
40. To draw a similarity, counsel for the parties referred to
provisions of the Indian Medical Council Act, 1956. Section 15
of the Indian Veterinary Council Act, 1984- which deals with
“recognition of veterinary qualifications granted by veterinary
institution in India” is in pari materia with Section 11 of the
Indian Medical Council Act, 1956 which is as follows:-
“11. Recognition of medical qualifications granted by Universities or medical institutions in India.-(1) The medical qualifications granted by any University or medical institution in India which are included in the First Schedule shall be recognized medical qualifications for the purposes of this Act.
2. Any University or medical institution in India which grants a medical qualification not included in the First Schedule may apply to the Central Government to have such qualification recognized, and the Central Government, after consulting the Council, may, by notification in the official Gazette, amend the First Schedule so as to include such qualification therein, and any such notification may also direct that an entry shall be made in the last column of the First Schedule against such medical qualification declaring that it shall be a recognized medical qualification only when granted after a specified date.”
41. Similarly Section 21-“Withdrawal of recognition” of the
Indian Veterinary Council Act, 1984 is in pari materia with
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Section 19 of the Indian Medical Council Act, 1956, as quoted
below:
“19. Withdrawal of recognition.-(1) When upon report by the Committee or the visitor, it appears to the Council-
(a) that the courses of study and examination to be undergone in, or the proficiency required from candidates at any examination, held by, any University or medical institution, or
(b) that the staff, equipment, accommodation, training and other facilities for instruction and training provided in such University or medical institution or in any college or other institution affiliated to that University, do not conform to the standards prescribed by the Council, the Council shall make a representation to that effect to the Central Government.
(2) After considering such representation, the Central Government may send it to the State Government of the State in which the University or medical Institution is situated and the State Government shall forward it along with such remarks as it may choose to make to the University or medical institution, with an intimation of the period within which the University or medical institution may submit its explanation to the State Government.
3. On the receipt of the explanation or, where no explanation is submitted within the period fixed, then on the expiry of that period, the State Government shall make its recommendations to the Central Government
4. The Central Government, after making such further inquiry, if any, as it may think fit, may, by notification in the official Gazette, direct that an entry shall be made in the appropriate Schedule against the said medical qualification declaring that it shall be a recognized medical qualification only when granted before a specified date or that the said medical qualification if granted to students of a
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specified college institution affiliated to any University shall be a recognized medical qualification only when granted before a specified date or, as the case may be, that the said medical qualification shall be a recognized medical qualification in relation to a specified college or institution affiliated to any University only when granted after a specified date.”
42. In view of the aforesaid provisions of the Indian Medical
Council Act, 1956, while Central Government notified First
Schedule, names of the recognized medical colleges along with the
Universities affiliating the colleges both have been shown
therein along with qualifications which are recognized. This is
apparent from relevant extract of the First Schedule to the
Indian Medical Council Act, 1956, as quoted below:
S.No. Course Name State
Name and Address of
Medical College / Medical Institution University Name
Management of College
Year of Inception of
College
Annual Intake (Seats)
Status of MCI Recognition
Date of LOP
1 Diploma in Anesthesia
Rajasthan R N T Medical College, Udaipur
Rajasthan University of Health Sciences
Govt. 1961 6 Recognized when granted on or after 1981
2 Diploma in Anesthesia
Rajasthan Sardar Patel Medical College, Bikaner
Rajasthan University of Health Sciences
Govt. 1959 6 Recognized when granted on or after july1968
3 Diploma in Anesthesia
Rajasthan SMS Medical College, Jaipur
Rajasthan University of Health Sciences
Govt. 1947 6 Recognized
4 Diploma in Child Health
Rajasthan R N T Medical College, Udaipur
Rajasthan University of Health Sciences
Govt. 1961 3 Recognized when granted in or after Dec. 1981.
5 Diploma in Child Health
Rajasthan Sardar Patel Medical College, Bikaner
Rajasthan University of Health Sciences
Govt. 1959 6 Recognized when granted on or after Apr1969
43. Therefore, on careful consideration of the provisions
discussed above, we hold that it is mandatory for a “Veterinary
College” imparting teaching of B.V.Sc. & A.H. Course to get
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recognized by the Central Government under First Schedule to the
Indian Veterinary Council Act, 1984.
44. For deciding the second question, it is desirable to advert
to the facts of the present case. Both Apollo College and Mahatma
Gandhi College were permitted to be opened by the State of
Rajasthan and were affiliated with the University recognized by
the Veterinary Council of India. The Inspection Committee of
Veterinary Council of India inspected the Apollo College from
time to time and by inspection report, 2003, the Committee
recommended for admission of students subject to removal of
certain deficiency of building, as the College was opened in a
rented building. The Central Government by letter dated 26th
September, 2003 informed the Agricultural University to request
the Apollo College to fulfill the minimum requirements. Though
the public notice was issued by Veterinary Council of India on
12th May, 2005 and 20th May, 2005 in newspapers informing that the
B.V. Sc. & A.H. qualification of the students of the Apollo
College was not a recognized Veterinary qualification, by letter
dated 22nd November, 2005, the Veterinary Council of India
granted no objection to admit students in the Apollo College.
Subsequently, Apollo College was inspected by the Inspectors of
the Veterinary Council of India on 22nd and 24th January, 2007 who
submitted report and informed that the Apollo College was
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following the norms and conditions required by the Veterinary
Council of India. Thereafter, pursuant to a meeting between the
representatives of Agricultural University and Veterinary Council
of India held on 2nd February, 2008 it was decided by Veterinary
Council of India on 10th March, 2008 to grant provisional
recognition of B.V. Sc. & A.H. degree in respect of 1st batch of
students of the Apollo College. With regard to 2nd batch of
students the Veterinary Council of India on 27th February, 2009
requested the Central Government to take necessary action to
recognize the qualification of the 2nd batch of students of
Apollo College admitted in the year 2004. Similar letter was
issued in respect to 3rd batch of students who were admitted in
the month of December, 2004. The Veterinary Council of India on
24th July, 2009 also informed the Agricultural University that
the Apollo College could admit the students for the Academic
Session 2009-2010. In view of such recognition granted by the
Veterinary Council of India and permission granted to admit
students for the academic session 2009-2010 the students were
admitted in the Apollo College.
45. It is not in dispute that the students were admitted in the
Apollo College pursuant to open entrance test of Rajasthan pre-
medical/Rajasthan pre-Veterinary (RPM/RPV). They completed their
course and have successfully cleared B.V.Sc. & A.H. examination.
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The students who have already passed out from the Apollo College
are the holders of the basic degree of B.V.Sc. & A.H. granted by
the Rajasthan Agricultural University, which is recognized
qualification entered in the First Schedule of the Indian
Veterinary Council Act, 1984. It is also not in dispute that many
of such students who have already passed out are in Government
service or in private service. The sole ground on which the
students of the Apollo College who have passed out B.V.Sc. & A.H.
degree examination are treated differently is that the Central
Government has not notified the Apollo College and, thereby the
College is not included in the First Schedule to the Indian
Veterinary Council Act, 1984. Swami Keshwanand Rajasthan
Agricultural University, Bikaner is duly established university
by statute and it is fully competent to conduct examinations and
award B.V.Sc. & A.H. degree. The degree of B.V.Sc. & A.H. granted
by the university is included in the First Schedule to the Indian
Veterinary Council Act, 1984 as a degree fully recognized by the
Veterinary Council of India which is the paramount professional
body set up by statute with authority to recognize the medical
veterinary qualifications granted by any University.
46. The Division Bench of the High Court, in our opinion, was
manifestly in error in holding that since B.V.Sc. & A.H. degree
possessed by the students was not one obtained from a recognized
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College it could not be treated as a valid qualification for the
purpose of registration under the Veterinary Council of India
(Registration) Regulations, 1992 and for other purpose.
47. Similar is the position with regard to students of Mahatma
Gandhi College. In fact favourable reports were given, by the
Inspection Committee all time did Veterinary Council of India
allowed the College to admit students and recommended the Central
Government to amend the First Schedule by entering the name of
the College. It is only when the students who have passed out
from College moved before the High Court for direction to the
Central Government to issue appropriate notification including
the Mahatma Gandhi college, in the First Schedule, the Veterinary
Council withdrew the recommendation. What we observed with regard
to students who have passed out from Apollo College is equally
applicable to the students who have passed out from the Mahatma
Gandhi College.
48. In fact the subsequent development, as noticed above, shows
that the Veterinary Council of India again recommended Central
Government to recognize the Apollo College and Mahatma Gandhi
College and the Central Government has already made certain
queries.
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49. In the facts and circumstances of the case, we are of the
view that the Division Bench of the High Court should have given
a possible legal solution in respect to the students who have
already passed out from the Apollo College and the Mahatma Gandhi
College affiliated to Swami Keshwanand Rajasthan Agricultural
University, Bikaner by directing the Central Government to make
appropriate amendment in the First Schedule of the Indian
Veterinary Council Act, 1984 so as to include the Apollo College
and the Mahatma Gandhi College in the First Schedule for the
purpose of recognition of B.V.Sc. & A.H. degree on or before 11th
July, 2011 in so far as it relates to Apollo College and 8th
December, 2011 in respect of Mahatma Gandhi College. We direct
accordingly. So far as the other students who have been admitted
in the Apollo College and the Mahatma Gandhi College and are
pursuing their studies are concerned the Central Government is
directed to call for a fresh report from the Veterinary Council
of India and to pass appropriate order u/s 15 (2) r/w Section 21
(4) of the Indian Veterinary Council Act, 1984. In case it is
not possible to recognize the Apollo College and the Mahatma
Gandhi College beyond such date as ordered above, the Veterinary
Council of India is directed to take steps to transfer the
students to some other recognized Colleges against their
corresponding year to complete the B.V.Sc. & A.H. course.
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50. For the reasons aforesaid, we set aside the impugned common
judgment and order dated 17th November, 2011 passed by the
Division Bench of High Court of Judicature for Rajasthan, Jaipur
Bench, Jaipur; the judgment and order dated 23rd December, 2011
passed by the learned Single Judge of the High Court of
Judicature for Rajasthan, Jaipur Bench, Jaipur and letters issued
by the Veterinary Council of India directing the State Veterinary
Council to delete the names of the doctors from their register.
The appeals are allowed with aforesaid observations and
directions. The interlocutory applications for intervention,
impleadment and deletion stand disposed of in view of the finding
recorded above. No costs.
……………………………………………CJI. (R.M. LODHA)
………………………………………………J. (SUDHANSU JYOTI MUKHOPADHAYA)
NEW DELHI,
JULY 25, 2014.
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